نگرشي نو به ادله ناظر به قضاوت زنان در فقه اماميه و رويه عملي حقوق موضوعه ايران

Developments of Accepting Female Judgment in Shiite Jurisprudence and Iranian Law

There are two perspectives regarding women judgment. One approach believes that "being a man" is one of the essential elements of judgment and claims that women can not be a judge. Another one, believes that "being a man" is not an essential element of judgment and there is no difference between women and men in this regard. This article seeks to investigate about these two approaches, because choosing each of the choices will have a great influence on society. Ultimately, it can be concluded that the arguments of the first approach (which is opposed to female judgment) can not prevent women from being appointed as judge and the reasons on which they are based can be rejected easily. Therefore accepting the approach claiming that women can become a judge just like men is not so unpredictable. Recent bill of family protection emphasized on women judgment in family courts. This shows that women can be appointed as judges just like men.